Dilip Vinod Bhaumik v. The State Of Maharashtra

1 /2aPPLN 198-17-918 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 198 OF 2017 Dilip Vinod Bhaumik vs. The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.A. Karale for the Applicant.

Mrs. J.S. Lohokare, APP. for the State.

CORAM :A.S.GADKARI, J.

DATE : 20th April, 2017 P.C.

1) This is an application for modification of the part of condition No.3 imposed upon the applicant by an order dated 13.10.2016 passed below Exh.1 in Bail Application No.2338/2016 by the learned Additional District Judge-06 & Additional Sessions Judge, Thane. While releasing the applicant on bail the trial court has directed to file address proof on record. The learned counsel for the applicant submitted that as a matter of fact the applicant has submitted his pan card and address proof before the trial court however, as there is no mention of the address on the pan card, his application was rejected. He submitted that the applicant is having other documents such as his pass book or his address mentioned with the Employee Provident Fund scheme. The applicant is also having pass book of credit society with whom the applicant is having account. He further submitted that the applicant has down

2 /2aPPLN 198-17-918 loaded the information from the portal of the Income Tax Department with respect to his pan card wherein his detailed address is mentioned. He submitted that the trial court may be directed to accept the said documents as address proof. He therefore, prayed that the suitable orders may be passed in the interest of justice.

2) The record reveals that the applicant was granted bail by the trial Court by its order dated 13.10.2016. Despite the said fact that since long the applicant is in Jail only because the applicant is unable to produce proper address proof. Apart from the pan card, the applicant has annexed other documents depicting his residential address. In view thereof the trial court is directed to consider the documents annexed to the present application from Pages 27 to 39 as proof of address and may pass appropriate orders in the interest of justice.

3) Application is partly allowed in the aforesaid terms.

(A.S.GADKARI, J.)